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The Department for Work and Pensions office in London.

The DWP is claiming that Ms Madonia is lying about not receiving a letter because there is no evidence to show that it didn’t arrive.

This is a perversion of logic, and one of the occasions in which the claim that “you cannot prove a negative” in fact rings true.

If a person did not receive a letter, having had no reason to expect it, then it is illogical to expect them to provide proof that they didn’t have it. What are they supposed to offer?

On the contrary, the burden should be on the DWP to provide firm evidence that the letter was written, posted and delivered.

Where is that evidence? Without it, Ms Madonia’s claim cannot be disputed.

A disabled woman with a new baby is set to be evicted a fortnight before Christmas because the Department for Work and Pensions stopped her benefits when she failed to attend a “fitness for work” test she had not been told about.

Jacqui Madonia was left “in despair” as she was told to survive on one foodbank voucher a week, a single hardship payment of £80, and the “occasional tenner here and there” from her family.

The assessment was supposed to take place just 13 days after Madonia gave birth to her second son Edward by caesarean on 4 July at Royal Gwent Hospital in Newport.

The former civil servant told the Department for Work and Pensions (DWP) in an employment and support allowance (ESA) questionnaire that she was due to give birth by caesarean before she went into hospital.

But she received a letter sent on 18 July which asked her why she had failed to attend a work capability assessment (WCA) the previous day.

She explained that she had not been told – either by letter or by text – about the appointment, but then received a further letter saying that her ESA had been removed because it “can be assumed [the letter]was delivered as there was no evidence to the contrary”.

Source: Mum and new baby face Christmas eviction after WCA ‘nightmare’

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